(a) Application for subsidy for construction; conditions precedent to granting
Any proposed ship purchaser who is a citizen of the United States or any shipyard of the United States may make application to the Secretary of Transportation for a construction-differential subsidy to aid in the construction of a new vessel to be used in the foreign commerce of the United States. No such application shall be approved by the Secretary of Transportation unless he determines that
(1) the plans and specifications call for a new vessel which will meet the requirements of the foreign commerce of the United States, will aid in the promotion and development of such commerce, and be suitable for use by the United States for national defense or military purposes in time of war or national emergency;
(2) if the applicant is the proposed ship purchaser, the applicant possesses the ability, experience, financial resources, and other qualifications necessary for the operation and maintenance of the proposed new vessel, and
(3) the granting of the aid applied for is reasonably calculated to carry out effectively the purposes and policy of this chapter. The contract of sale, and the mortgage given to secure the payment of the unpaid balance of the purchase price shall not restrict the lawful or proper use or operation of the vessel except to the extent expressly required by law. The Secretary of Transportation may give preferred consideration to applications that will tend to reduce construction-differential subsidies and that propose the construction of ships of higher transport capability and productivity.
(b) Submission of plans to Navy Department; certification of approval
The Secretary of Transportation shall submit the plans and specifications for the proposed vessel to the Navy Department for examination thereof and suggestions for such changes therein as may be deemed necessary or proper in order that such vessel shall be suitable for economical and speedy conversion into a naval or military auxiliary, or otherwise suitable for the use of the United States Government in time of war or national emergency. If the Secretary of the Navy approves such plans and specifications as submitted, or as modified, in accordance with the provisions of this subsection, he shall certify such approval to the Secretary of Transportation.
(c) Application for subsidy for reconstruction or reconditioning; conditions precedent to granting; contracts
Any citizen of the United States or any shipyard of the United States may make application to the Secretary of Transportation for a construction-differential subsidy to aid in reconstructing or reconditioning any vessel that is to be used in the foreign commerce of the United States. If the Secretary of Transportation, in the exercise of his discretion, shall determine that the granting of the financial aid applied for is reasonably calculated to carry out effectively the purposes and policy of this chapter, the Secretary of Transportation may approve such application and enter into a contract or contracts with the applicant therefor providing for the payment by the United States of a construction-differential subsidy that is to be ascertained, determined, controlled, granted, and paid, subject to all the applicable conditions and limitations of this subchapter and under such further conditions and limitations as may be prescribed in the rules and regulations of the Secretary of Transportation has adopted as provided in section
1114(b) of this Appendix; but the financial aid authorized by this subsection shall be extended to reconstruction or reconditioning only in exceptional cases and after a thorough study and a formal determination by the Secretary of Transportation that the proposed reconstruction or reconditioning is consistent with the purposes and policy of this chapter.
1981—Pub. L. 97–31substituted “Secretary of Transportation” for “Secretary of Commerce” wherever appearing.
1970—Pub. L. 91–469, § 35(a), substituted “Secretary of Commerce” for “Commission”, twice in subsecs. (a) and (b) and five times in subsec. (c).
Subsec. (a). Pub. L. 91–603substituted “for the operation and maintenance of” for “to enable it to operate and maintain” in cl. (2).
Pub. L. 91–469, §§ 6(1),
35(c), substituted “Any proposed ship purchaser who is a citizen of the United States or any shipyard of the United States” for “Any citizen of the United States”, inserted in subd. (2) “if the applicant is the proposed ship purchaser,” struck out of cl. (3) “to replace worn-out or obsolete tonnage with new and modern ships, or otherwise” after “reasonably calculated”, and authorized the Secretary of Commerce to give preferred consideration to applications that will tend to reduce construction-differential subsidies and that propose the construction of ships of high transport capability and productivity; and substituted “he” for “it” before “determines”, respectively.
Subsec. (c). Pub. L. 91–469, §§ 6(2),
35(d), inserted “or any shipyard of the United States” after “Any citizen of the United States” and substituted “his” for “its” before “discretion”, respectively.
1952—Subsecs. (a), (c). Act July 17, 1952, §§ 1,
2, struck out requirements as to essentiality of the service, route, or line to be served by the vessel and provided that the lawful or proper use of the vessel may not be restricted.
1938—Subsec. (c). Act June 23, 1938, inserted reference to section
Commission on American Shipbuilding
Section 41 ofPub. L. 91–469established a Commission on American Shipbuilding, provided for the appointment and compensation of an Executive Director of the commission and other personnel, empowered the commission to study American shipbuilding with a view toward increased productivity and reduced costs, and to make a report to the President and Congress no later than three years after Oct. 21, 1970 of the commission’s findings and recommendations, and provided that the commission was to terminate sixty days after filing its report.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, May 3, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
LII has no control over and does not endorse any external Internet site that contains links to or references LII.